Eviction In Palm Beach County Florida
I am interested in a 2bdrm 1bth house.The owner has just started the eviction process.Rather than wait for the process to happen I would like to purchase the property in a week or two and deal with the tenants myself.They are month ot month.Suggestions have been to talk to the tenants first and tell them when the closing is and ask them if they will be able to move out by then because you would like to move in yourself.Have them agree to this on paper.If this doesnt work ask them what they would need to make it possible for them to be out by closing.If that fails evict.What does eviction usually cost?If I need to evict where can I find the info to do it properly?
Right now, the owner is responsible for the lease terminations and the costs incurred. With month-to-month tenants, the landlord MAY only need to give a 30 day notice to vacate. Unless the tenants have actually violated some provision of the lease, the owner does not have any grounds for eviction. If he tries, the owner can be sued.
Right now, the owner is liable for the tenant's security deposit refunds. Right now, the owner can be sued by a tenant in a dispute over security deposits.
Right now, the owner is responsible for fixing any damage caused by the tenants' departure.
Why would you want to purchase this property right now, subject to the existing leases, and take on all of the current owner's liabilities? Better for you to show a little patience and let the process happen.
[ Edited by DaveT on Date 03/24/2004 ]
I appreciate your quick response Dave T.The house is in rough shape and being sold AS IS.When I walked thru the inside there was a foot of clothes covering the entire house's floor so I really dont know the shape of the floor.Kitchen ceiling is falling down,cabinets,counter,sink,bathroom all need to be replaced.Tenants couldn't damage it much more.Don't know if owner actually has a written lease and security deposits.I am in need of a place to live because the house I am renting will be sold in June.Houses are hard to come by at a decent price here in Palm Beach county.Not a position I want to be in at this time so that is why I am willing to deal with the tenants to increase my chances of purchasing this house.Fixing the house isn't a problem and the price seems right .Would you still recommend patience?
Yes, even if there is no "written" lease, the fact that there are "tenants" (by default) means that the tenants are on a month-to-month lease. The tenants still have all the rights and protections offered by the state landlord-tenant laws.
If the property is in as rough shape as you say, I wonder how the owner got a certificate of occupancy for the property. If the owner is in violation of some building and safety codes here, do not take on the owner's liability by purchasing a tenant occupied property.
If the tenants will be gone by the first of May, or even the first of June, won't you still be able to move in before your existing living arrangement comes to an end? In the worst case, let's say you have a week or two of underlap where you have nowhere to live. Logon to a discount lodging service (perhaps PriceLine) and offer some local two star hotel something like $125 per WEEK for a two week stay. You just might get it accepted.
Thanks again, Dave T. This is not to optimistic but if the tenants are given 30 days notice and the closing happens and they don't leave.Do I as the new owner have to evict them?
I think you are missing my main point. You do not want to make the seller's problem your problem. If the tenant(s) have not vacated, delay the closing.
If the tenant(s) have not vacated and the seller still wants to proceed with a scheduled settlement, ask for a large discount in the sale price for the problems you will be inheriting.
Before answering your question, let me provide some context.
If you are living in an apartment without a written lease, and have the permission of the landlord, you are a Tenant at Will. This type of tenancy is also known as a month-to-month lease because you are still required to pay rent every month. Before you move in, you and the landlord will agree upon how much rent you will pay and which utilities you will be responsible for paying. As with a written yearly lease, you have the right to "lawful and exclusive possession" of your apartment. This means that the landlord cannot enter your apartment without your permission.
When your lease expires or the landlord ends your tenancy but you stay in the apartment, you are a Tenant at Sufferance. Technically, under the law you do not have a tenancy. However, the law does not consider you to be trespassing because at some point in time the landlord agreed to rent you the apartment.
Landlords who receive rent from tenants in this situation must mark checks and receipts with the words "for use and occupancy only" -- if this is not done the acceptance of rent creates a new tenancy at will.
By allowing your tenant to "holdover" you risk creating a new Tenancy at Will. If the tenant does not vacate on time, a court appearance may be required to obtain an eviction order. In some states, such as GA and MD, a tenant at will is entitled to a 60-day notice of termination. You will have to check your local landlord-tenant laws for the termination notice period in your state.
Disclaimer. This Information Is Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state, so that some information in this web site may not be correct for your jurisdiction. Finally, the information contained in this web site is not guaranteed to be up to date. Therefore, the information contained in this web site cannot replace the advice of competent legal counsel licensed in your state. [ Edited by DaveT on Date 03/22/2004 ]
Thanks Dave T.That's what I needed to hear.